Benson Wachira Maina v Prime Steel Mills Limited [2020] KEELRC 494 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 494
- Citation
- [2020] KEELRC 494 (KLR)
- Decided
- 17 September 2020
The Court finds that the Claimant was constructively terminated and awards him 1 month salary in lieu of notice, leave pay, service pay, and 10 months' salary for unfair termination.
Facts
The Claimant, Benson Wachira Maina, was employed as a Plate Mason by Prime Steel Mills Limited. On May 18, 2015, he was injured at work and was hospitalized. Despite his injuries, the Respondent required him to return to work, which he refused, leading to a dispute.
Issues
- Whether the Claimant was constructively terminated by the Respondent.
- Whether the Claimant is entitled to the remedies sought.
Reasoning
The Respondent's failure to provide protective gear and pay the Claimant during his recovery period was deemed unjustified, leading to a constructive termination.
Outcome
The Claimant is awarded compensation including 1 month salary in lieu of notice, leave pay, service pay, and 10 months' salary for unfair termination.
Orders
- The Respondent will pay costs of this suit plus interest at Court rates with effect from the date of this judgement.
Remedies
- 1 month salary in lieu of notice
- Leave pay for year 2014/2015
- Service pay for 5 years served
- 10 months' salary for unfair termination
Authorities cited
Legislation (2)
- Employment Act
- Work Injury Benefits Act
Loading judgment…